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2004 Supreme(Mad) 456

M.CHOCKALINGAM
Shanmugaiah & Another – Appellant
Versus
Thirumalayandi alias Thirumalai Pandaram & Others – Respondent


Advocates Appeared:For The Petitioner:T.M.Hariharan, Advocate. For The Respondents:R1 P.Peppin Fernando, Advocate.

Judgment :-

The plaintiffs 4 and 5 in a suit for declaration and other consequential reliefs, who lost their case before both the Courts below, are the appellants herein.

2. Short facts necessary for the disposal of this appeal are as follows:

The suit property originally belonged to one Muthu Pandaram. He had three sons, who are the defendants 1 and 2 and one Eswara Pandaram. The third defendant is the wife of the second defendant. On the demand for making an arrangement, at the time of the marriage of the third defendant with the second defendant, the second defendant executed a registered settlement deed on 6.1.1950 under Ex.A1 in respect of his undivided 1/3rd share in the property, wherein the third defendant has been given a life estate, and thereafter, the property should go to the heirs of the second and third defendants. The first defendant and the other brother Eswara Pandaram also gave their consent. The said settlement deed came into force. The second and third defendants left the property in the hands of the first defendant and went away. Even having the thorough knowledge of the settlement deed, the defendants were making attempts to dispose of the property and were mak









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